Trial ordered for SUV driver accused of striking, killing toddler in … – The San Diego Union-Tribune

SAN DIEGO

A man accused of driving drunk last year and fatally striking a toddler with an SUV on a City Heights street, then fleeing the scene, was ordered Friday to stand trial murder and other charges.

Margarito Angeles Vargas, 46, is accused of hitting 19-month-old Annaleeh Rodarte the evening of Sept. 24, 2022 on Redwood Street near 40th Street. He was arrested later the same day at his home in the Bay Terraces neighborhood.

Prosecutors say Angeles Vargas had a blood-alcohol content that measured .206 percent after the fatal crash California drivers are considered legally impaired if they have a blood-alcohol content of .08 percent or higher and that he stopped for food from a street vendor at some point after hitting the girl with his vehicle.

A defense attorney called the collision a tragic accident, and said her client might not have seen the girl or been aware of what happened. The stop for food, she argued, could be evidence of that.

Deputy District Attorney Hailey Williams said Angeles Vargas has never had a drivers license and has a previous DUI conviction from 2016. Because of that conviction, he faces a charge of second-degree murder, which carries a potential prison term of 15 years to life, rather than the lesser crime of vehicular manslaughter.

Under state law, prosecutors can charge a person who has at least one prior DUI conviction with murder, arguing that the defendant had been warned that driving under the influence of alcohol or drugs was dangerous, but chose to do it anyway.

According to testimony presented during a preliminary hearing in San Diego Superior Court, Angeles Vargas attended a baby shower on nearby 39th Street just before the fatal collision. After leaving that event, he drove south on 40th Street and turned left onto Redwood Street.

San Diego police Detective Michael Gottfried testified he reviewed camera footage from neighboring homes that show the defendants 1999 Toyota 4Runner turning so widely that he nearly strikes a parked truck on Redwood Street.

As the 4Runner turned onto the street, Annaleeh and three of her siblings were crossing the roadway about midway down the block at an unmarked crosswalk. After the girl was struck, she was taken to a hospital, where she died just after 1 a.m. the next morning.

A witness took a picture of the suspects SUV and captured the license plate. That picture was provided to San Diego police and the car was found to be registered to the defendants wife, according to testimony at the hearing.

About 10 to 15 minutes after the girl was struck, Angeles Vargas allegedly rear-ended another driver who was stopped at a red light at the intersection of 54th and Redwood streets. That driver, who was not injured,told police the vehicle that struck him, then backed up and struck him again before speeding off, San Diego police Detective John Letteri testified.

San Diego police Officer Christopher Lingenhol, one of the officers who arrested the defendant at his home, testified that he saw a driver pull the 4Runner into the residences driveway with significant difficulty, requiring multiple attempts to park the vehicle.

Lingenhol and other officers then ordered Angeles Vargas to get out of the vehicle and walk towards them. The officer testified that the defendant smelled strongly of alcohol, was swaying as he walked and looked ready to fall at any time.

Inside the SUV, officers found an opened beer can in the center cup holder and empty beer cans on the floorboard of the backseat.

Gottfried testified he inspected of the underside of the 4Runner, where he said he found blood and a white gel-like substance that he believed matched a substance found at the scene of the fatality. The detectivesaid he believed that substance came from a babys diaper.

Defense attorney Marie Maloney called the collision a tragic accident, but argued that Angeles Vargas may not have been able to see the girl because she was small in size and entered the roadway from behind a retaining wall.

He remains held in county jail on a no-bail status.

Union-Tribune Public Safety Editor Dana Littlefield contributed to this report.

Link:
Trial ordered for SUV driver accused of striking, killing toddler in ... - The San Diego Union-Tribune